Difference between after-acquired evidence defense Vs counterclaims

Asked over 2 years ago - San Diego, CA

For counterclaims plaintiff can set out in detail each of his defenses within x amount of days.

But for after-acquired evidence defense, does the plaintiff gets an opportunity to set out in detail each of his defenses?

If not is this done through filing of Pre-Hearing Brief?

According the scheduling order, the dispositive motion is soon after the discovery is complete. So what effect after-acquired evidence defense has on dispositive motion?

Attorney answers (1)

  1. Robert Scott Lawrence

    Contributor Level 14

    Answered . If after you have filed an Answer you discover during the course of litigation information which would give rise to an additional affirmative defense, you should seek leave to file an amended Answer and add the additional affirmative defenses. Leave is generally liberally granted, particularly if the facts were hidden or incapable of being discovered when your Answer was due.

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